Beaconsfield 01494 730 722 | Bourne End 01628 533 350

Bereavement & Probate

When the death of a partner or close family friend occurs, in addition to the grief, distress and anxiety comes the burden of administration and legal requirements when you are least able to cope with it. At Brittons, our experience staff can help ensure that the executor of the will or administrator complies with their legal responsibilities, assist with the terms of the will or intestacy rules, and assist with the sale of property assets or management of inheritance tax issues.

If you have suffered a recent bereavement and would like some help and advice on dealing with the administration of the legal implications please call us on 01628 533 350 or 01494 730722

When there is a Will

The main actions that the executor will need to carry out are to:

  • Write to all asset and liability holders requesting confirmation of the value of the asset or liability of the deceased at the time of death and any income received in the last year
  • Establish if the estate is solvent
  • Establish if there is sufficient monies to meet all legacies in full
  • Ascertain if inheritance tax is applicable and if so complete form IHT400
  • Arrange to pay probate fees and inheritance tax
  • Complete and return all forms to the Probate Registry
  • Place the statutory advertisement for creditors and other claimants
  • Collect all assets due to the estate
  • Complete a valuation of all property through the district valuer and arrange payment of any extra taxes due
  • Complete all income tax and capital gains tax forms for the period of administration
  • Pay off all debts
  • Transfer title deeds of any stocks and shares
  • Prepare the estate accounts
  • Administer any trusts or life interests
  • Distribute the assets to the beneficiaries of the will on approval of the estate accounts

What if there is no Will (intestate)

If the person died intestate, i.e. no written Will can be traced, then the hierarchy of distribution of the deceased assets is determined by law. This can be a complicated process and can take a long time – months or even years in complex cases. It is a good idea to gather together all the information that you have about the deceased, their relatives and their assets and bring it along with you to a meeting with your solicitor.

A brief guide to the rules of intestacy and who will inherit can be found on the HRMC website here

Our fees for obtaining the Grant of Probate and administering the estate.

These fees are dependent upon the valuation of assets being supplied and the expertise of the legal professional.  If we need to obtain date of death valuations, a separate quote is required.

Any reference to VAT below is to Value Added Tax charged at the prevailing rate (currently 20%).

Our fees are all dependent upon the valuations of assets being supplied.  Where we need to date of death valuations a separate quote is required.  In these circumstances, we would be acting for you in relation to administering the estate.

Probate fees charged by the government are subject to change and vary according to the size of the estate.

Depending on the nature of the instructions we offer two fee options as follows:

Option 1: A fee equivalent to between 1% and 2.5% of the gross value of the deceased’s estate, plus VAT; or

Option 2: Working on a time spent basis during which all meetings, telephone calls, emails, letters, drafting and research is accurately recorded and billed for, based on the hourly rate of the legal professional with conduct of the matter. Our current hourly rate for this work is £450.00 per hour plus VAT for a director.

Typically, the cost of a straightforward estate will be £3500-£5000, plus VAT. A more complex estate – where there are many assets and/or where Inheritance Tax is payable, for example – will typically cost £7000-£10,000 plus VAT.

These figures are for estates where:

  • There is a valid will
  • There is no more than one property
  • There are no more than 4 bank or building society accounts
  • There are no other intangible assets
  • There are 1-4 beneficiaries
  • There are no disputes between beneficiaries on division of assets. If disputes arise this is likely to lead to an increase in costs
  • There is no inheritance tax payable and the executors do not need to submit a full account to HMRC
  • There are no claims made against the estate

The exact cost will depend on the individual circumstances and complexity of the matter. For example, if there is one beneficiary and no property, costs will be at the lower end of the range. If there are multiple beneficiaries, a property and multiple bank accounts, costs will be at the higher end.

We are able to act on your behalf in dealing with all matters relating to the administration of the estate whether that means paying the utility bills for of the property from estate funds or dealing with distributing funds between beneficiaries.  Feel free to contact us to discuss how we can assist you.

Disbursements which you will need to pay in addition to these fees:

  • Probate application fee of £300 plus £1.50 for each copy of the grant of Probate
  • Bankruptcy-only Land Charges Department searches (£2 per beneficiary)
  • Post in The London Gazette – this protects against unexpected claims from unknown creditors and usually costs between £70 and £100 plus VAT
  • Post in a Local Newspaper – This also helps to protect against unexpected claims and usually costs around £120 plus VAT

Disbursements are costs related to your matter that are payable to third parties, such as court fees.

Potential additional costs

  • If there is no Will or the estate consists of any shareholdings (stocks and bonds) there are likely to be additional costs that could range significantly depending on the estate and how it is to be dealt with. We can give you a more accurate quote once we have more information.
  • If any additional copies of the grant are required, they will cost £1.50 per asset usually.
  • Dealing with the sale or transfer of any property in the estate is not included.

How long will this take?

Typically, obtaining the grant of probate takes 6-12 months. Collecting assets then follows, which can take a further 6-9 months. Once this has been done, we can distribute the assets, which normally takes 2-4 weeks.